fectious diseases in a communicable form, but when more apply for the use of the same than can be accommodated, they shall be received in the order of the date at which their applications are made therefor. CHAPTER 97. AN ACT CHANGING THE NAME OF THE NEW MEXICO BOARD OF HEALTH AND MEDICAL EXAMINERS, TO STATE BOARD OF MEDICAL EXAMINERS, AND FIXING THE COMPENSATION OF THE MEMBERS THEREOF AMENDING SECTION 4583 OF THE NEW MEXICO STATUTES, CODIFICATION OF 1915. H. B. No. 131; Approved March 17, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. That Section 4583 of the New Mexico Statutes, Codification of 1915, being Section 1 of Chapter XCII thereof, be and the same hereby is amended to read as follows: "SECTION 4583. STATE Board of MEDICAL EXAMINERS. SECTION 1. The State Board of Medical Examiners shall be composed of seven reputable physicians of known ability, who are graduates of medical colleges in good standing, as defined in this article, and have been registered practitioners in, and bona fide residents of, the State of New Mexico for a period of five years next preceeding the date of their appointment. The governor of New Mexico shall appoint the members of said board as other State boards are appointed, and shall fill any vacancies occuring in said board, and may remove any member of said board who fails to perform his duties as defined in this article. Three of the members of said board first appointed shall hold their office for a period of two years, and the remaining four members of said board shall hold their offices for a period of four years, and thereafter the members of said board, upon the expiration of the terms aforesaid, shall hold their offices for a period of four years and until their successors are elected and qualified. All members of said board shall qualify as required of the board of regents of the University of New Mexico." SEC. 2. EXPENSES AND PER DIEM. The members of the State Board of Medical Examiners, for each day's attendance upon board meetings, or in the actual discharge of their duties as members of such board, shall receive the sum of five dollars ($5.00), together with their actual and necessary expenses while absent from their homes, payable out of the funds of said board. SEC. 3. EMERGENCY CLAUSE. That it is necessary for the preservation of the public peace and safety of the inhabitants of the State of New Mexico, that the provisions of this act shall become effective at the earliest possible time, therefore an emergency is hereby declared to exist and this act shall take effect and be in full force and effect from and after its passage and approval. CHAPTER 98. AN ACT PROVIDING FOR THE LEASING OF STATE LANDS FOR MINERAL PURPOSES, AND PROVIDING FOR THE ISSUANCE OF LIMITED PATENTS FOR MINERAL LANDS AND FOR OTHER PURPOSES. H. B. No. 186 (as amended); Approved March 17, 1919. Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. The Commissioner of Public Lands is hereby authorized to issue leases for the exploration, development and production of coal, oil and gas, and other minerals on any State lands upon such terms and conditions as he may deem to be for the best interests of the State and prescribed by the terms of this Act. Such leases shall run for a maximum term of ten (10) years, or as long thereafter as mineral in paying quantities shall be produced from the leased lands. The minimum rental for oil and gas leases shall be one hundred dollars ($100.00) per annum, and the minimum rental for leases for other minerals shall be twenty-five dollars ($25.00) per annum. On all oil and gas leases the State shall receive a royalty of not less than oneeighth (1-8) of the oil and gas produced and saved from the leased lands, or the cash value thereof, payable monthly. The lessees of said lands for coal mining purposes shall be required to pay such rental as the Commissioner may demand, and in addition thereto a royalty of not less than ten cents (10c) per ton on all coal produced, payable monthly. In all other forms of mineral leases, the State shall receive not less than five (5) per cent of the net proceeds derived from the sale of minerals produced on the land after transportation and treatment charges are deducted. SEC. 2. The Commissioner of Public Lands shall prescribe the minimum rental to be paid by all lessees of State mineral lands and the minimum rental agreed upon shall be paid. whether the lands are operated for minerals or not. Lessees shall be required to submit annual reports showing in detail their operations for the preceding year, and such reports shall be verified by the oath of the lessee or his authorized agent. False and fraudulent statements willfully made in any such report shall subject the person making the same to the penalties prescribed by law for the crime of perjury. SEC. 3. State lands sold heretofore, or which may be sold hereafter on any deferred payment plan under contract containing a reservation to the State of the minerals therein contained, the full amount of the purchase price not having been paid, or patent not having been issued, may be leased by the state as in this Act provided, in the same manner as other State lands: Provided, that before any lease shall be issued for lands which have been sold, the applicant shall file with the Commissioner of Public Lands a good and sufficient bond or undertaking, to be approved by the Commissioner, in favor of the State of New Mexico, for the use and benefit of the purchaser of such lands, his grantees or successors in interest, to secure the payment to such purchaser or his successors for such damage to the livestock, range, water, crops or tangible improvements of the purchaser or his successors in interest as may be determined and fixed in any action brought upon the bond or undertaking in a court of competent jurisdiction against the principal and sureties thereon, resulting from the use of and operations on the land by such mineral lessee or his successors in interest. Provided Further, that if any such purchaser shall file with the Commissioner a waiver, duly executed by him, of his right to require such bond, the Commissioner may issue a mineral lease without requiring the lessee to furnish the bond herein provided. SEC. 4. Where State lands have been sold heretofore, or may be sold hereafter on any deferred payment plan under contract containing a reservation to the State of the minerals therein contained and before the payment of the total purchase price, such land shall have been leased for mineral purposes as in this Act provided; or where before the payment of the full amount. of the purchase price shall have been made or patent issued, the land shall be known, classified or reported as mineral lands, or where by reason of proximity to known mineral lands or productive oil or gas wells, the Commissioner of Public Lands shall deem such lands to be of probable mineral character and valuable as such, he shall make proper notation on the records of his office, designating the said lands as mineral lands. The Commissioner of Public Lands is hereby authorized to issue to the purchaser of any such mineral lands or lands so classified as mineral, upon full payment of the purchase price according to the terms of the contract, a limited patent only, which shall contain reservation to the State of New Mexico of all the minerals in the said lands, together with the right to the State or its grantees, to prospect for, mine and remove the same; and such lands shall, notwithstanding the issuance of such patent, be subject to lease under the provisions of this Act; Provided, that no lease for such lands shall be issued and no person shall be authorized to prospect for, mine or remove any minerals until an indemnity bond shall be given or waiver of the same filed, as set forth in Section 3 of this Act. SEC. 5. All laws or parts of laws in conflict herewith are hereby repealed, and this Act shall be in force from and after its passage and approval. SEC. 6. That it is necessary for the preservation of the peace, health and safety of the inhabitants of the State of New Mexico that the provisions of this Act shall become effective at the earliest possible date, and hereby an emergency is declared to exist and this Act shall be enforced and in effect from and after its passage and approval. CHAPTER 99. AN ACT TO CREATE THE OFFICE OF COUNTY ROAD SUPERINTEN- Committee Substitute for H. B. No. 238 (as amended); Be It Enacted by the Legislature of the State of New Mexico: SECTION 1. There is hereby created the Office of County Road Superintendent of each and every county in the State. The incumbents thereof to be appointed by the Governor. No person shall be eligible to hold such office unless he be a citizen of the United States and of the State of New Mexico, and shall have resided in the county for which he is appointed for a period of not less than two years prior to the date of such appointment. No county or state official shall be eligible to appointment to such office except County Surveyors. The term, "Superintendent" when or wherever used in this Act shall be construed to mean County Road Superintendent. SEC. 2. The term of office of such Superintendent shall be two years, and the Governor shall have power to remove such officers for any cause he shall deem sufficient. Within ninety days from the date of such appointment each superintendent shall qualify by taking the usual oath and shall furnish a bond in favor of the county in the sum of ten thousand dollars, executed by a surety company authorized to do business in this state, to be approved by the board of county commissioners and filed with the county clerk. The expense of such bond shall be paid by the county by warrant of the board of county commissioners to be paid out of the county road fund. SEC. 3. The salary of the superintendent shall be fixed by the county commissioners of such county and shall not exceed the rate of two thousand four hundred dollars ($2,400.00) per annum for first class counties.. Two thousand dollars ($2,000.00) per annum for second class counties. Eighteen hundred dollars ($1,800.00) per annum for third class counties. Sixteen hundred dollars ($1,600.00) per annum for fourth class counties. Fourteen hundred dollars ($1,400.00) per annum for fifth class counties, the same to be paid by the county treasurer in quarterly payments upon order of the board of county commissioners and charged to the county road fund. Such salary shall be full payment to such superintendents for services rendered and for personal traveling and other expenses incurred by them in connection with the performance of their duties. . SEC. 4. The County Road Superintendent shall have full control of all the county road work, the purchasing of supplies and the employment of labor. He shall be the custodian of all machinery, tools and equipment belonging to the county that in any way appertains to the maintenance or construction of roads, and he shall as soon as practicable after qualifying proceed to ascertain the kind and quantity of such tools, machinery, equipment and supplies and the condition thereof, take possession of same and file with the county clerk an inventory showing each and every article thereof. None of said property shall be condemned and sold except upon order of the board of county commissioners duly entered of record, and a copy thereof shall be filed by the county clerk with the record of invoices required by Section 8 hereof. The proceeds from the sales so made shall be deposited with the county treasurer to the credit of the county road fund. It shall be the duty of the supreintendent to file an additional inventory on the first day of each year showing a complete list of all materials, tools, machinery and supplies in his possession belonging to the county on that date. He shall have the power, subject to the approval of the board of county commissioners by order duly entered upon the records of said board, to alter, change or discontinue any established county roads within his county; to renew and create county roads, except in cases where the securing of the rights-of-way therefor requires the payment of damages to the owner of lands over which such proposed road is to be constructed, in which case the super |